LAWS(MAD)-1977-2-45

MUNIA REDDIAR Vs. THE BOARD OF REVENUE, REPRESENTED BY COMMISSIONER OF LAND REVENUE AND LAND REFORMS AND ANR.

Decided On February 25, 1977
Munia Reddiar Appellant
V/S
The Board Of Revenue, Represented By Commissioner Of Land Revenue And Land Reforms And Anr. Respondents

JUDGEMENT

(1.) The petitioner is a land -owner in village Kamakkapalayam in Attur taluk of Salem district. On the 30th of June, 1970 his application for the grant of a licence for the possession of a gun was accepted by the District Revenue Officer, Salem (here in after referred to as the D.R. O.). The licence was renewed on the 22nd of December, 1970 for the period ending with the 31st of December, 1973.

(2.) A notice dated the 11th of February, 1971 was issued by the D.R.O. to the petitioner requiring him to show cause why his gun -licence should not be cancelled for the reason that he was involved in civil and criminal cases registered in Thalaivasal Police Station, that other cases were also pending and that he had been guilty of rowdy behaviour and had threatened others. The petitioner sent a reply to the notice stating inter alia that consequent upon an election dispute, he had been attacked by enemies and had sustained injuries, that he had made a complaint to the police to that effect and that another complaint was made against him by one Chinnaswamy on the 29th of November, 1970, which, however was "referred to by the police as a mistake of fact". He denied that he misused the gun to possess which he had a licence and prayed that the show -cause notice be withdrawn.

(3.) By an order dated 22nd November, 1971, the D.R.O. cancelled the petitioner's gun -licence and that order was upheld in appeal by the Board of Revenue through its order, dated the 14th February, 1972. Both these orders are challenged by the petitioner under Article 226 of the Constitution of India with a prayer that they be quashed by a writ of certiorari.